OFFICIAL CODE OF GEORGIA ANNOTATED 2013 Supplement Including Acts ofthe 2013 Regular Session ofthe General Assembly Prepared by The Code Revision Commission The Office ofLegislative Counsel and The Editorial Staff ofLexisNexis® Published Under Authority ofthe State of Georgia Volume 22 2007 Edition Title 27. Game and Fish Title 28. General Assembly Title 29. Guardian and Ward Title 30. Handicapped Persons IncludingAnnotations to the Georgia Reports and the GeorgiaAppeals Reports Place in Pocket of Corresponding Volume of Main Set LexisNexis® Charlottesville, Virginia Copyright© 2008—2013 BY The State of Georgia All rights reserved. ISBN 978-0-327-11074-3 (set) ISBN 978-1-4224-3828-2 5014230 (Pub.41805) THIS SUPPLEMENT CONTAINS Statutes: All laws specifically codified by the GeneralAssembly ofthe State of Georgia through the 2013 Regular Session ofthe General Assembly. Annotations ofJudicial Decisions: Case annotations reflecting decisions posted to LexisNexis® through March 29, 2013. These annotations will appear in the following tradi- tional reporter sources: Georgia Reports; Georgia Appeals Reports; Southeastern Reporter; Supreme Court Reporter; Federal Reporter; Federal Supplement; Federal Rules Decisions; Lawyers' Edition; United States Reports; and Bankruptcy Reporter. Annotations ofAttorney General Opinions: Constructions ofthe Official Code ofGeorgia Annotated, prior Codes ofGeorgia, Georgia Laws, the Constitution ofGeorgia, and the Consti- tution of the United States by the Attorney General of the State of Georgia posted to LexisNexis® through March 29, 2013. OtherAnnotations: References to: Emory Bankruptcy Developments Journal. Emory International Law Review. Emory Law Journal. Georgia Journal ofInternational and Comparative Law. Georgia Law Review. Georgia State University Law Review. Mercer Law Review. Georgia State Bar Journal. Georgia Journal ofIntellectual Property Law. American Jurisprudence, Second Edition. American Jurisprudence, Pleading and Practice. American Jurisprudence, ProofofFacts. American Jurisprudence, Trials. Corpus Juris Secundum. Uniform Laws Annotated. American Law Reports, First through Sixth Series. American Law Reports, Federal. Tables: In Volume 41, a Table Eleven-A comparing provisions of the 1976 Constitution ofGeorgia to the 1983 Constitution ofGeorgia and a Table Eleven-B comparing provisions of the 1983 Constitution of Georgia to the 1976 Constitution of Georgia. An updated version of Table Fifteen which reflects legislation through the 2013 Regular Session ofthe General Assembly. iii Indices: A cumulative replacement index to laws codified in the 2013 supple- ment pamphlets and in the bound volumes ofthe Code. Contacting LexisNexis®: Visit our Website at http://www.lexisnexis.com for an online book- store, technical support, customer service, and other company informa- tion. Ifyou have questions or suggestions concerning the Official Code of Georgia Annotated, please write or call toll free 1-800-833-9844, fax at 1-518-487-3584, or email us at [email protected]. Di- rect written inquiries to: LexisNexis® Attn: Official Code of Georgia Annotated 701 East Water Street Charlottesville, Virginia 22902-5389 IV . TITLE 27 GAME AND FISH Chap. 1. General Provisions, 27-1-1 through 27-1-39. 2. Licenses, Permits, and Stamps Generally, 27-2-1 through 27-2-42. 3. Wildlife Generally, 27-3-1 through 27-3-185. 4. Fish, 27-4-1 through 27-4-283. 5. Wild Animals, 27-5-1 through 27-5-12. CHAPTER 1 GENERAL PROVISIONS Sec. Sec. 27-1-2. (For effective date, see note) 27-1-16. Establishment of unit of con- Definitions. servation rangers; qualifica- 27-1-6. Powers and duties of depart- tions, appointment, and super- ment generally. visory personnel; retention of 27-1-13. Disposition of funds received badge and weapon upon dis- bydepartment;appropriations; ability retirement. grants and donations for natu- 27-1-26. Impersonation of conservation ral resources conservation officer [Repealed]. camps. 27-1-39. Rules and regulations used to 27-1-15. Wildlife technicians [Re- establish criminal violations. pealed] 27-1-2. (For effective date, see note) Definitions. As used in this title, the term: (1) "Adult supervision"means under the command and control ofa person 18 years ofage or older, with the minor being within sight or hearing distance of such person. (1.1) "Alligator" means Alligator mississippiensis, commonly known as the American alligator. (2) "Alligator farming" means the possession, propagation, and any other act involved in the production oflive alligators. (3) "Alligator product" means any product or article made, either wholly or in part, from any part ofthe hide ofan alligator or alligator meat or any other part of an alligator carcass. 2013 Supp. 27-1-2 GAME AND FISH 27-1-2 (4) "Artificial lure" means any lure which is made completely of natural or colored plastic, wood, cork, rubber, metal, feathers, hair, tinsel, styrofoam, sponge, or string, or any combinations of such materials, in imitation of or as a substitute for natural bait. Such term does not include any item which is sprayed with or containing scented or chemical attractions. (5) "Bag limit"or "creel limit"means the quantity ofwildlife which may be taken, caught, or killed during a specified period. (5.1) "Bait shrimp cast net" means a cast net constructed of a minimum ofthree-eighths inch bar mesh. (6) "Big game" means turkey, deer, and bear. (7) "Board" means the Board ofNatural Resources. (8) "Bushel" means the present United States standard bushel, as determined by the United States Department ofAgriculture, which standard bushel measures 2150.4 cubic inches. (9) "Business premises" means any place of business operation including, but not limited to, offices, sheds, warehouses, vessels, boats, houses, ponds, and other such locations where commercial activity takes place and specifically includes the equipment used in conducting such activity. (10) "Carrier" means a person engaged in the business of trans- porting goods and specifically includes a common carrier, a contract carrier, a private carrier, and a transportation company. (10.1) "Cast net"means a cone shaped net thrown and retrieved by hand without mechanical assistance and designed to spread out and capture fish and shrimp as the weighted circumference sinks to the bottom and comes together when pulled by a line. (11) "Catch-out pond" means a fresh-water pond or lake where the owner or operator charges persons a fee for the right to fish therein. (12) "Clam rake" means a hand-held rake, or a tool consisting ofa longhandle with a bar that is set transverselywith projecting prongs and with a wire basket or enclosure modification, which rake or tool is suitable for scratching and removing mollusks of the class Pelecypoda from estuarine and marine substrates. (13) "Commercial" means of or relating to buying, selling, or exchanging or offering for purchase, sale, or exchange. (14) "Commercial crab trap"means an oblong cage or other cubical structure which is constructed of wooden slats, hardware cloth, chicken wire, or other similar material, which has one or more tunnel-shaped entrances which allow ingress but limit egress, which 2 2013 Supp. 27-1-2 GENERAL PROVISIONS 27-1-2 is tobe used as a trap, which is designed to be leftunattended forlong periods oftime, and which is used for catching decapod crustaceans, mainly ofthe species Callinectes sapidus. (15) "Commercial fish hatchery" means a facility consisting oftwo or more ponds or a raceway system which is capable ofgrowing fish from eggs, fry, or fingerlings to a commercially salable size and which produces fish from such eggs, fry, or fingerlings for sale more than once annually (16) "Commercial fishing" means fishing for the purpose of sale, the sale or offering for sale offish by the person taking such fish, or fishing with commercial fishing gear. (17) "Commercial quantities" means an amount equal to one bushel or more. (18) "Commercial shooting preserve"means any shooting preserve open to the general public for a fee. (19) "Commercial trapper" means a person who traps on any land other than that belonging to himselfor to his immediate family. (20) "Commissioner" means the commissioner of natural re- sources. (21) "Crab" means any crab ofthe species Callinectes sapidus. (22) "Department" means the Department ofNatural Resources. (23) "Domestic species" means those taxa of animals which have traditionally lived in a state of dependence on and under the dominion and control ofman and have been kept as tame pets, raised as livestock, or used for commercial breedingpurposes, including, but not limited to, dogs, cats, horses, cattle, ratites, and chickens. Animals which live in a captive or tame state and which lack a genetic distinction from members ofthe same taxon living in the wild are presumptively wild animals, except that lawfully obtained farmed fish which are held in confinement in private ponds shall be known as and consideredto be "domesticfish,"but onlyifthey are fish species which are either indigenous to Georgia or are fish species which have been recognized prior to 1992 as having an established population in Georgia waters other than private ponds; provided, however, that Morone americana, white perch, shall not be a domes- tic fish. (24) "Educational" means of or relating to an attempt to learn or convey information about the characteristics and behavior of wild animals or wildlife, where such an attempt is made: (A) In a public or private college, university, secondary school, or primary school, which college, university, or school is accredited by 2013 Supp. 3 27-1-2 GAME AND FISH 27-1-2 either the Georgia Accrediting Commission, Inc., or the Southern Association of Colleges and Schools; (B) By an independent study conducted in affiliation with any of the institutions mentioned in subparagraph (A) ofthis paragraph; (C) By any chartered association or society organized for the purpose ofconveyingknowledge about such species to its members; (D) By a research facility; or (E) By a governmental agency. (25) "Established bait dealership"means a facilitywhich is used in whole or in part to sell shrimp for bait and which has been inspected by employees of the department and which has been issued a bait dealer license. (26) "Falconer" means a person licensed according to the laws and rules and regulations pertaining to falconry. (27) "Falconry" means the sport of taking quarry by means of a trained raptor. (27.1) "Farmed deer" means fallow deer (Dama dama), axis deer (Axis axis), sika deer (Cervus nippon), red deer and elk (Cervus elaphus), and reindeer and caribou (Rangifer tarandus), and hybrids between these farmed deer species raised for the commercial sale of meat and other parts or for the sale oflive animals. (28) "Feral hog" means any hog which is normally considered domestic but which is living in a wild state and cannot be claimed in private ownership. (29) "Fishing" means catching, capturing, taking, or killing fish, mussels, and all seafood and includes all lesser acts such as attempt- ing to catch, capture, or kill by any device or method and every act of direct assistance to any person in catching or attempting to catch fish, mussels, or seafood. (29.1) "Food shrimp cast net" means: (A) Until March 1, 2009, a cast net constructed ofa minimum of one-halfinch bar mesh; and (B) On and after March 1, 2009, a cast net constructed of a minimum offive-eighths inch bar mesh. (29.2) "Fresh-water turtle"means any turtle or its eggs within the families Chelydridae, Emydidae (excluding Malaclemys terrapin and Terrapene Carolina), Kinosternidae, and Trionychidae. (30) "Full-time employee" means a person who works at least 30 hours per week for one employer. Expressly excluded from this term 4 2013 Supp. 27-1-2 GENERAL PROVISIONS 27-1-2 is an independent contractor or casual vendor who does not receive regular periodic compensation from one employer. (31) "Fur-bearing animals" means the following animals: mink, otter, raccoon, fox, opossum, muskrat, skunk, bobcat, and weasel. (32) "Fur dealer" means a person who purchases or sells raw undressed hides, furs, pelts, or skins of fur-bearing animals and alligator hides or alligator products, excluding alligator meat; pro- vided, however, those persons engaged in wholesale or retail furrier operations, that is, those who engage in the manufacture or produc- tion offinished fur or alligator products, shall not be fur dealers for purposes ofthis title. (33) "Fur dealer's agent" means any person who represents the owner ofor a dealer in furs, alligator hides, or alligator products for the purpose ofselling such furs, alligator hides, or alligator products. (34) "Game animals" means the following animals: bear, bobcat, deer, fox, opossum, rabbit, raccoon, sea turtles and their eggs, squirrel, cougar (Felis concolor), and all members of the families Alligatoridae and Crocodylidae. (35) "Game birds"means the followingbirds: turkey, quail, grouse, and all migratory game birds. (36) "Game fish" means the following fish, except domestic fish as provided in paragraph (23) ofthis Code section: (A) Bass: (i) Largemouth bass; (ii) Smallmouth bass; (iii) White bass; (iv) Striped bass; (v) Spotted bass; (vi) Redeye (Coosa) bass; (vii) Striped-white bass hybrid; (viii) Shoal bass (Flint River smallmouth); and (ix) Suwannee bass; (B) Trout: (i) Rainbow trout; (ii) Brown trout; and (iii) Brook trout; 2013 Supp. 5 27-1-2 GAME AND FISH 27-1-2 (C) Crappie: (i) White crappie; and (ii) Black crappie; (D) Shad: (i) American shad; and (ii) Hickory shad; (E) Sunfish or bream: (i) FHer; (ii) Spotted sunfish (stumpknockers); (iii) Rockbass (goggleye); (iv) Shadow bass; (v) Redbreast sunfish; (vi) Redear sunfish; (vii) Bluegill (bream); and Warmouth; (viii) (F) Perch: (i) Walleye; and (ii) Sauger; (G) Pickerel: (i) Chain pickerel; (ii) Grass pickerel; and (iii) Redfin pickerel; (H) Catfish: (i) Channel catfish; and (ii) Flathead catfish; and (I) Red drum. (37) "Game species" means all game animals, game birds, and game fish. (38) "Held as pets" means the possession of any wild animal for purposes other than scientific, educational, or public exhibition purposes or other than for sale to the general public or other than for resale to a retail dealer, an exhibition, or a research facility. 6 2013 Supp.